Section 11 Taxes

• Library: Damages 2012

The general rule is that evidence of lost earnings should be restricted to gross income, rather than net income. SeeHoge v. Anderson, 106 S.E.2d 121, 124 (Va. 1958); Duplechin v. Pittsburgh Plate Glass Co., 265 So.2d 787, 794 (La. Ct. App. 1972). This rule also applies in Missouri. SeeDempsey v. Thompson, 251 S.W.2d 42, 45 (Mo. 1952).
In Gander v. FMC Corp.,892 F.2d 1373 (8^th Cir. 1990), the court held that:

· Missouri law controls cases being tried based on Missouri substantive law, seeid. at 1382;

· a...